Babu Owino freed in DJ Evolve shooting case, court blames prosecution for 'shoddy' investigations

Trial Magistrate Bernard Ochoi while acquitting the MP ruled that the prosecution failed to adduce enough evidence against the lawmaker.

“Having evaluated the evidence ... I find that the prosecution has failed to prove a case beyond reasonable doubt,” ruled the court

The court faulted the investigation officer in the case saying that he failed to tackle crucial areas and termed the investigations done as shoddy.

Magistrate Ochoi further noted that the main witness was never called to testify against Babu Owino.

“Why did the investigating officer not avail the person who recovered the bullet head and cartridge to testify,” asked the magistrate.

The court ruled that the prosecution failed to adduce the medical evidence to show that the victim was injured by a gun and the ballistic report didn’t conclusively find the firearm was used in shooting.

"If the bullet head was recovered on the wall as claimed was it not necessary for a ballistic expert to visit the scene and adduce evidence. Was it not necessary to provide medical evidence to show that the bullet exited from DJ Evolve's body and landed on the wall?" asked the trial magistrate

On whether the legislator behaved in a disorderly manner, it was the court's finding that the State failed to prove the disorderly conduct alleged. The court thus faulted the prosecution for not adducing the blood sample to show the alcohol content.

“The aspect of drunckness was not established," the court noted.

While testifying virtually from his bed, the DJ said he does not know what happened to him as he only found himself in an ambulance.

He however acknowledged to the Nairobi court that he was indeed shot and injured by a bullet on the fateful day, but that he does not know from which gun.

In the case, Babu Owino had been charged with misusing a firearm.